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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the state lottery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ABOLISHMENT OF STATE LOTTERY |
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SECTION 1.01. Section 467.002, Government Code, is amended |
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to read as follows: |
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Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the commission is abolished |
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and this chapter[, Chapter 466 of this code,] and Chapter 2001, |
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Occupations Code, expire September 1, 2025. |
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SECTION 1.02. Sections 467.024(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) An individual is not eligible to be an appointed member |
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of the commission if the individual: |
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(1) is registered, certified, or licensed by a |
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regulatory agency in the field of bingo [or lottery]; |
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(2) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by the commission or receiving funds from |
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the commission; |
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(3) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving funds from the commission; |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or funds from the commission, other than |
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compensation or reimbursement authorized by law for commission |
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membership, attendance, or expenses; |
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(5) is an officer, employee, or paid consultant of a |
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Texas trade association in the field of bingo [or lottery]; |
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(6) is required to register as a lobbyist under |
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Chapter 305 because of the person's activities for compensation on |
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behalf of a profession related to the operation of the commission; |
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(7) is married to an individual described by |
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Subdivisions (2)-(6); |
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(8) has been convicted of a felony or of any crime |
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involving moral turpitude; or |
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(9) is not a citizen of the United States. |
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(c) A person may not be a commission employee employed in a |
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"bona fide executive, administrative, or professional capacity," |
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as that phrase is used for purposes of establishing an exemption to |
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the overtime provisions of the federal Fair Labor Standards Act of |
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1938 (29 U.S.C. Section 201 et seq.), if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of bingo [or
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lottery]; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of bingo [or
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lottery]. |
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SECTION 1.03. Section 467.025(a), Government Code, is |
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amended to read as follows: |
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(a) A commission member may not: |
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(1) accept any employment or remuneration from [:
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[(A)
a person that has a significant financial
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interest in the lottery; or
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[(B)] a bingo commercial lessor, bingo |
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distributor, or bingo manufacturer; |
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(2) play any [lottery or] bingo game conducted in this |
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state; |
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(3) accept or be entitled to accept any part of the |
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winnings to be paid from a [lottery or] bingo game conducted in this |
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state; |
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(4) use the member's official authority to affect the |
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result of an election or nomination for public office; or |
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(5) directly or indirectly coerce, attempt to coerce, |
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command, or advise a person to pay, lend, or contribute anything of |
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value to another person for political purposes. |
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SECTION 1.04. Section 467.031, Government Code, is amended |
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to read as follows: |
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Sec. 467.031. BINGO DIVISION [DIVISIONS]. The commission |
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shall establish a separate division [divisions] to oversee bingo |
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[and the state lottery]. |
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SECTION 1.05. Section 467.035(a), Government Code, is |
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amended to read as follows: |
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(a) The commission may not employ or continue to employ a |
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person who owns a financial interest in [:
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[(1)] a bingo commercial lessor, bingo distributor, or |
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bingo manufacturer[; or
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[(2) a lottery sales agency or a lottery operator]. |
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SECTION 1.06. Sections 467.101(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The commission has broad authority and shall exercise |
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strict control and close supervision over all activities authorized |
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and conducted in this state under[:
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[(1)] Chapter 2001, Occupations Code[; and
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[(2) Chapter 466 of this code]. |
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(c) The commission also has the powers and duties granted |
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under[:
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[(1)] Chapter 2001, Occupations Code[; and
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[(2) Chapter 466 of this code]. |
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SECTION 1.07. Section 467.108(a), Government Code, is |
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amended to read as follows: |
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(a) A former commission member, former executive director, |
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or former director may not[:
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[(1)
for compensation, represent a person that has
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made or intends to make a bid to operate the lottery before the
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commission before the second anniversary of the date that the
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person's service in office or employment with the commission
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ceases;
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[(2)] represent any person or receive compensation for |
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services rendered on behalf of any person regarding a particular |
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matter in which the former officer or employee participated during |
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the period of service or employment with the commission, either |
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through personal involvement or because the matter was within the |
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scope of the officer's or employee's official responsibility[; or
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[(3)
for compensation communicate directly with a
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member of the legislative branch to influence legislation on behalf
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of a person that has a significant financial interest in the
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lottery, before the second anniversary of the date that the
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person's service in office or employment with the commission
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ceases]. |
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SECTION 1.08. Section 467.111(f), Government Code, is |
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amended to read as follows: |
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(f) The commission shall prepare a report on the trends and |
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issues identified under Subsection (e) and make the report |
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available to the public. The commission shall address the |
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identified trends and issues, including trends and issues related |
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to the regulation [of lottery operations under Chapter 466 and] of |
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bingo under Chapter 2001, Occupations Code. |
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SECTION 1.09. The following provisions of the Government |
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Code are repealed: |
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(1) Chapter 466; |
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(2) Section 467.001(9); and |
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(3) Sections 467.106 and 467.107. |
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SECTION 1.10. On January 1, 2016: |
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(1) the lottery division of the Texas Lottery |
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Commission is abolished and all powers and duties of the division |
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related to lottery prize payments, penalties, enforcement |
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provisions, and any necessary continued operations under Chapter |
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466, Government Code, as it existed immediately before the |
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effective date of this Act, and other law are transferred to the |
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Texas Lottery Commission; |
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(2) all obligations, rights, contracts, bonds, |
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appropriations, records, and property of the lottery division are |
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transferred to the commission; |
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(3) a rule, policy, procedure, or decision related to |
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lottery prize payments, penalties, enforcement provisions, and any |
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necessary continued operations of the lottery division continues in |
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effect until superseded by a later act of the commission; and |
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(4) a reference in law to the lottery division means |
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the commission. |
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SECTION 1.11. (a) Not later than October 1, 2015, the Texas |
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Lottery Commission shall adopt a comprehensive transition plan for |
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the transfer described by Section 1.10 of this article and identify |
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any essential lottery division personnel necessary for the |
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continued payment of lottery prizes and assessment and enforcement |
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of penalties. |
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(b) This section takes effect September 1, 2015. |
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SECTION 1.12. (a) Notwithstanding the repeal by this Act of |
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Chapter 466, Government Code, that chapter as it existed |
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immediately before the effective date of this Act continues in |
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effect for the payment of lottery prizes and the assessment and |
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enforcement of penalties until each lottery prize and installment |
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prize payment is made to the lottery prize winner entitled to the |
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payment and each penalty assessment is finally determined as |
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required by that chapter and rules adopted under that chapter as |
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they existed immediately before the effective date of this Act. |
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(b) On or after the effective date of this Act, a lottery |
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sales agent may not sell or offer to sell a lottery ticket for a |
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lottery game authorized under Chapter 466, Government Code, as |
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repealed by this Act. |
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SECTION 1.13. The changes in law made by this article apply |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before that date is governed by the law as it |
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existed on the date the offense was committed, and the former law is |
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continued in effect for that purpose. |
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ARTICLE 2. CONFORMING AMENDMENTS |
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SECTION 2.01. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers and officers commissioned by the Public |
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Safety Commission and the Director of the Department of Public |
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Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) airport police officers commissioned by a city |
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with a population of more than 1.18 million located primarily in a |
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county with a population of 2 million or more that operates an |
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airport that serves commercial air carriers; |
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(12) airport security personnel commissioned as peace |
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officers by the governing body of any political subdivision of this |
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state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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(13) municipal park and recreational patrolmen and |
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security officers; |
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(14) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(15) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(16) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(17) investigators commissioned by the Texas Medical |
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Board; |
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(18) officers commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; and |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; |
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(19) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(20) investigators employed by the Texas Racing |
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Commission; |
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(21) officers commissioned under Chapter 554, |
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Occupations Code; |
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(22) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(23) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(24) [security officers and investigators
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commissioned as peace officers under Chapter 466, Government Code;
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[(25)] an officer employed by the Department of State |
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Health Services under Section 431.2471, Health and Safety Code; |
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(25) [(26)] officers appointed by an appellate court |
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under Subchapter F, Chapter 53, Government Code; |
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(26) [(27)] officers commissioned by the state fire |
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marshal under Chapter 417, Government Code; |
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(27) [(28)] an investigator commissioned by the |
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commissioner of insurance under Section 701.104, Insurance Code; |
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(28) [(29)] apprehension specialists and inspectors |
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general commissioned by the Texas Juvenile Justice Department as |
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officers under Sections 242.102 and 243.052, Human Resources Code; |
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(29) [(30)] officers appointed by the inspector |
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general of the Texas Department of Criminal Justice under Section |
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493.019, Government Code; |
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(30) [(31)] investigators commissioned by the Texas |
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Commission on Law Enforcement under Section 1701.160, Occupations |
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Code; |
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(31) [(32)] commission investigators commissioned by |
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the Texas Private Security Board under Section 1702.061(f), |
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Occupations Code; |
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(32) [(33)] the fire marshal and any officers, |
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inspectors, or investigators commissioned by an emergency services |
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district under Chapter 775, Health and Safety Code; |
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(33) [(34)] officers commissioned by the State Board |
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of Dental Examiners under Section 254.013, Occupations Code, |
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subject to the limitations imposed by that section; |
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(34) [(35)] investigators commissioned by the Texas |
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Juvenile Justice Department as officers under Section 221.011, |
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Human Resources Code; and |
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(35) [(36)] the fire marshal and any related officers, |
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inspectors, or investigators commissioned by a county under |
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Subchapter B, Chapter 352, Local Government Code. |
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SECTION 2.02. Sections 411.108(a), (a-1), and (b), |
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Government Code, are amended to read as follows: |
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(a) [The Texas Lottery Commission is entitled to obtain from
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the department criminal history record information maintained by
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the department that relates to a person who, under Chapter 466, is:
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[(1)
a sales agent or an applicant for a sales agent
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license;
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[(2)
a person required to be named in a license
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application;
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[(3)
a lottery operator or prospective lottery
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operator;
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[(4)
an employee of a lottery operator or prospective
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lottery operator, if the employee is or will be directly involved in
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lottery operations;
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[(5)
a person who manufactures or distributes lottery
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equipment or supplies or a representative of a person who
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manufactures or distributes lottery equipment or supplies offered
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to the lottery;
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[(6)
a person who has submitted a written bid or
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proposal to the commission in connection with the procurement of
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goods or services by the commission, if the amount of the bid or
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proposal exceeds $500;
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[(7)
an employee or other person who works for or will
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work for a sales agent or an applicant for a sales agent license;
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[(8)
a person who proposes to enter into or who has a
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contract with the commission to supply goods or services to the
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commission;
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[(9)
if a person described in Subdivisions (1) through
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(8) of this section is not an individual, an individual who:
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[(A) is an officer or director of the person;
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[(B)
holds more than 10 percent of the stock in
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the person;
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[(C)
holds an equitable interest greater than 10
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percent in the person;
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[(D)
is a creditor of the person who holds more
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than 10 percent of the person's outstanding debt;
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[(E)
is the owner or lessee of a business that the
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person conducts or through which the person will conduct
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lottery-related activities;
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[(F)
shares or will share in the profits, other
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than stock dividends, of the person;
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[(G)
participates in managing the affairs of the
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person; or
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[(H)
is an employee of the person who is or will
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be involved in:
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[(i) selling tickets; or
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[(ii)
handling money from the sale of
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tickets;
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[(10)
the executive director or a prospective
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executive director of the commission;
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[(11)
an employee or prospective employee of the
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commission; or
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[(12)
a sales agent whose license is renewed under
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Section 466.158.
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[(a-1)] The Texas Lottery Commission is entitled to obtain |
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from the department criminal history record information maintained |
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by the department that relates to a person licensed under Chapter |
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2001, Occupations Code, or described by Section 2001.3025, |
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Occupations Code. |
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(b) Criminal history record information obtained by the |
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commission under Subsection (a) [or (a-1)] may not be released or |
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disclosed to any person except on court order or as provided by |
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Subsection (c). |
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SECTION 2.03. Section 434.017(a), Government Code, is |
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amended to read as follows: |
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(a) The fund for veterans' assistance is a special fund in |
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the state treasury outside the general revenue fund. The fund is |
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composed of: |
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(1) money transferred to the fund at the direction of |
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the legislature; |
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(2) gifts and grants contributed to the fund; |
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(3) the earnings of the fund; |
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(4) [money transferred to the fund from proceeds of
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the lottery game operated under Section 466.027 or transferred to
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the fund under Section 466.408(b);
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[(5)] money deposited to the credit of the fund under |
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Section 502.1746, Transportation Code; and |
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(5) [(6)] money deposited to the credit of the fund |
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under Section 521.008, Transportation Code. |
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SECTION 2.04. Section 572.003(b), Government Code, is |
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amended to read as follows: |
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(b) The term means: |
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(1) the Banking Commissioner of The Banking Department |
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of Texas; |
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(2) the administrative director of the Office of Court |
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Administration of the Texas Judicial System; |
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(3) the chief executive of the Office of Public |
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Utility Counsel; |
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(4) the executive director of the State Bar of Texas; |
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(5) [the director of the lottery division of the Texas
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Lottery Commission;
|
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[(6)
the deputy in charge of the department of
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security in the lottery division of the Texas Lottery Commission;
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[(7)] the director of the bingo division of the Texas |
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Lottery Commission; or |
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(6) [(8)] the secretary of state. |
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SECTION 2.05. Section 2113.102(a), Government Code, is |
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amended to read as follows: |
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(a) A state agency may not use appropriated money to |
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contract with a person to audit the financial records or accounts of |
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the agency except as provided by: |
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(1) Subsections (b), (c), and (d); and |
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(2) [Chapter 466, pertaining to the state lottery;
|
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[(3)] Chapter 2306, pertaining to the Texas Department |
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of Housing and Community Affairs[; and
|
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[(4)
Chapter 361, Transportation Code, pertaining to
|
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the Texas Turnpike Authority division of the Texas Department of
|
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Transportation]. |
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SECTION 2.06. Section 47.02(c), Penal Code, is amended to |
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read as follows: |
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(c) It is a defense to prosecution under this section that |
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the actor reasonably believed that the conduct: |
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(1) was permitted under Chapter 2001, Occupations |
|
Code; |
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(2) was permitted under Chapter 2002, Occupations |
|
Code; |
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(3) [consisted entirely of participation in the state
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lottery authorized by the State Lottery Act (Chapter 466,
|
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Government Code);
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[(4)] was permitted under the Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes); or |
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(4) [(5)] consisted entirely of participation in a |
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drawing for the opportunity to participate in a hunting, fishing, |
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or other recreational event conducted by the Parks and Wildlife |
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Department. |
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SECTION 2.07. Section 47.09(a), Penal Code, is amended to |
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read as follows: |
|
(a) It is a defense to prosecution under this chapter that |
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the conduct[:
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[(1)] was authorized under: |
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(1) [(A)] Chapter 2001, Occupations Code; |
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(2) [(B)] Chapter 2002, Occupations Code; or |
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(3) [(C)] the Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes)[;
|
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[(2)
consisted entirely of participation in the state
|
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lottery authorized by Chapter 466, Government Code; or
|
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[(3)
was a necessary incident to the operation of the
|
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state lottery and was directly or indirectly authorized by:
|
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[(A) Chapter 466, Government Code;
|
|
[(B)
the lottery division of the Texas Lottery
|
|
Commission;
|
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[(C) the Texas Lottery Commission; or
|
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[(D)
the director of the lottery division of the
|
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Texas Lottery Commission]. |
|
SECTION 2.08. The following provisions are repealed: |
|
(1) Section 9.406(k), Business & Commerce Code; |
|
(2) Section 232.0021, Family Code; |
|
(3) Section 467.030(b), Government Code; |
|
(4) Section 2054.007, Government Code; and |
|
(5) Section 2002.056(c), Occupations Code. |
|
SECTION 2.09. The changes in law made by this article apply |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before that date is governed by the law as it |
|
existed on the date the offense was committed, and the former law is |
|
continued in effect for that purpose. |
|
ARTICLE 3. CONFLICT OF LAW; EFFECTIVE DATE |
|
SECTION 3.01. To the extent of any conflict, this Act |
|
prevails over another Act of the 84th Legislature, Regular Session, |
|
2015, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 3.02. Except as otherwise provided by this Act, |
|
this Act takes effect January 1, 2016, but only if the |
|
constitutional amendment proposed by the 84th Legislature, Regular |
|
Session, 2015, abolishing the state lottery is approved by the |
|
voters. If that amendment is not approved by the voters, this Act |
|
has no effect. |